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n <br />L_A <br />(2) This Amendment is intended to assure development in accordance with <br />City's General Plan, applicable Specific Design Zoning and Capital Improvement Plan. <br />(3) This Amendment will permit achievement of goals and objectives as <br />reflected in the City's General Plan and all applicable Specific Design Zoning. <br />(4) Developer is required by existing City regulations to provide mitigation <br />for certain impacts and pay certain regulatory fees as conditions of approvals through the <br />regulatory process. <br />(5) This Amendment will allow City to realize extraordinary and significant <br />public infrastructure facilities and other supplemental benefits in addition to those available <br />through the existing regulatory process. <br />(6) Many of the extraordinary and significant benefits identified as <br />consideration to City for entering into this Amendment represent benefits which would not <br />otherwise be required as part of the development process. <br />F. On April 25, 2005, the Planning Commission of the City ( "Planning <br />• Commission's, after giving notice pursuant to Government Code Sections 65090 and 65091, <br />held a public hearing to consider the Developer's application for this Amendment. The Planning <br />Commission recommended to the City Council of City that it execute this Amendment. On <br />2005, the City Council of the City of Santa Ana ( "Council "), after providing <br />notice as required by law, held a public hearing to consider the Developer's application for this <br />Amendment. <br />G. Propr* Affected b! thic A egg. This Amendment pertains solely to the <br />property as illustrated in Exhibit "A -1 and described in Exhibit "A -2 to this Amendment, which <br />are incorporated herein by this reference as though fully set forth. In case of any discrepancy <br />between Exhibit "A -1 and Exhibit "A -2 , the parties agree and acknowledge that Exhibit "A -2 <br />shall prevail in full. <br />H. Term. Section 4 of the Development Agreement is hereby amended to read, in its <br />entirety, as follows: <br />4. Term. <br />(a) The term ( "Term's of this Development Agreement is <br />twenty-five (25) years from the date of execution, subject to earlier termination as <br />hereinafter provided. <br />(b) Pursuant to Section 66452.6(a) of the California Subdivision <br />Map Act, any tentative Subdivision Map approval for the Property shall also be <br />extended for a period equal to the period this Agreement remains in effect. <br />• 2 Ordinance NS -2688 <br />Page 5 of 11 <br />